PERSON THAT CAUSES NULLIFICATION OF PARLIAMENTARY ELECTION NOT ELIGIBLE TO STAND – CONCOURT RULES
The Constitutional Court has ruled that an individual who causes the nullification of parliamentary election results is not eligible to re-contest.
This is in a matter where Former KABUSHI Member of Parliament BOWMAN LUSAMBO and former KWACHA Member of Parliament JOSEPH MALANJI contested the decision of the Electoral Commission of Zambia-ECZ to bar them from re-contesting the by-elections in the two Constituencies.
Constitutional Court Deputy President MARGARET MUNALULA delivered the ruling today.
The Court has relied on article 72 sub-article four of the constitution which stipulates that a person who causes a vacancy in the National Assembly subject to the reasons spelt out by article 72 sub-article two is NOT eligible to re-contest.
Part of the provisions of article 72 sub-article two of the Constitution cites actions contrary to a prescribed code of conduct as the basis for disqualifying an individual from re-contesting parliamentary by -elections.
The Kabushi and Kwacha by-elections took place on October 21, 2022.
It shud not haven taken all this confusion to have this matter conclusively settled.
Hopefully this issue is now very clear to all political players going forward.
This was clear even to us who are not lawyers but for some reason, the last Constitutional Court could not pronounce itself unequivocally on the matter, choosing instead to dwell on “nullification is not disqualification”. Just like ECL’s third term bid which was illegal. How else do you punish the wrongdoer?
The last Constitutional Court was a huge disappointment and caused more confusion than clarity.
This was a well known outcome even without going to Law School. PF, for lack of credible leaders chose to refuse to acknowledge that their preferred candidates were found wanting by courts of law and should not vie for public office.
So can Lusambo and Malanji stand again and shout on top of their Mouths as corruption again?
Tod you this is not the concourt of PF when all rulings went in favor of PF. Even concourt changes once government changes as they follow where their bread is buttered.
Agony is basing your comments on empty noise from empty media. You end up ne chushi.. The state media has lost it and is now a tool of misinformation. Get the correct judgement made by the Concourt, then comment.